East Brunswick Summerhill Road development plans resubmitted

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East Brunswick resident Cathy Decker, who is spearheading an effort to stop a mixed use development on Summerhill and Old Stage Roads in East Brunswick , addressed a crowd after an East Brunswick Zoning Board of Adjustment hearing for the controversial planned project was postponed.(Photo11: Susan Loyer/Staff Photo)Buy Photo

EAST BRUNSWICK - A developer has submitted new plans for a controversial proposed mixed-use project at the bustling intersection of Summerhill and Old Stage roads.

The newest proposal, which was submitted in September by developer HD Summerhill LLC for 377 Summerhill Road, now calls for seven buildings — five residential towers, a CVS pharmacy and Chase bank, according to SaveFrost.com, a grassroots organization, started by township resident Cathy Decker and her husband, to stop the project. The proposal now also includes a request for 25 variances, according to the website.

The plan is slated to be heard by the township Planning Board on Jan. 23, 2019, said Debra Rainwater, the township's Planner/Deputy Zoning Officer. Meetings typically are held at 8 p.m. in the courtroom in the Municipal Building.

Previously, HD Summerhill LLC applied to the township Zoning Board of Adjustment for preliminary and final site approval, as well variances for the 10.34 acres of property. That plan called for three, four-story residential buildings for a total of 120 apartment units, of which 20 percent would be affordable housing. In addition, that plan included a clubhouse, CVS pad, bank pad and 291 parking spaces. The applicant sought variances and waivers for things such as exceeding the height limitations for the proposed residential buildings.

"They originally came in for a use variance," Rainwater said.

The earlier plan submitted requires a use variance because it is more than 10 percent over the height limit in the zone, she said.

"They decided to revise the plan," Rainwater said. "Now it conforms to the height limit. They don't need a use variance, so it goes to the Planning Board. The law is that they only need to get approval from one board. I think they are keeping their options open."

Rainwater said the zoning application is still pending.

After some postponements, including a postponement due to an overcapacity crowd that showed up for a hearing, the Zoning Board hearing finally kicked off in July. The hearing was scheduled to resume in August, but was cancelled following a letter from the applicant's attorney, David B. Himelman, who said "HD has believes it is in their best interest to review and revise the site plan to address the comments and concerns raised at the July 16, 2018 hearing."

Himelman asked that the meeting be adjourned and continued until another future hearing date can be scheduled.

Rainwater said the zoning application is still pending.

"The law is that they only need to get approval from one board," she said. "They originally came in for a use variance. They decided to revise the plan so they don't need a use variance, so it goes to the Planning Board. I think they are keeping their options open."

Decker said "it is possible that HD Summerhill LLC is hedging its bets, keeping both proposals in play.”

It is also easier to get Planning Board approval as opposed to Zoning Board approval.

With election day nearing, SaveFrost.com said it is calling for candidates to pledge to fight the latest proposal to redevelop the site.

According to SaveFrost.com, residents need to be aware that the new plan, while as dense as the first, does not require a height variance under law. This means that the new plan will come before East Brunswick’s Planning Board and not the Township’s Zoning Board, the statement said.

“We are outraged by the new plan which continues to ignore our very real concerns for the safety, well-being and character of our community,” said activist Decker. “Developers are asking for 25 exceptions to build the monstrosity they want, giving us 25 reasons to say no and we must.”

Decker said in previous interviews that residents' biggest concern is the increased traffic the project will bring to the area, including the intersection of Summerhill and Old Stage roads.

"Their proposed plan also doesn't fit with the character of the neighborhood," she said.

Other concerns include the project's impact on the value of homes, noise and the environmental impact on the adjacent Frost Woods.

Some residents also have taken issue with the height of the buildings and the density of the project.